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General terms and conditions (AGB)

Five Points Comics e.U.

Last updated: 3.9.2026

1. General

These General Terms and Conditions ("Terms") apply to purchases of digital comic books and other digital content made through the Five Points Comics website at www.fivepointscomics.com ("Website").

The Website is operated by:

Five Points Comics e.U.
Erndtgasse 8, 1180 Vienna, Austria

Email: info@fivepointscomics.com
Rechtsform: Eingetragener Einzelunternehmer (e.U.)
Inhaber: Jonathan Gaudet
Firmengericht: Handelsgericht Wien
Geschäftszweig: Online-Veröffentlichung englischsprachiger Comics sowie Vertrieb von Originalzeichnungen und Merchandise

Firmenbuchnummer: FN 679635p

GISA: 39817761
Steuernummer: 22 288/6467

By placing an order through the Website, the customer accepts these Terms insofar as they apply to the relevant purchase.

Mandatory consumer rights under Austrian and European law remain unaffected by these Terms.

2. Products and Digital Content

Five Points Comics primarily offers digital comic books and other digital publications for purchase through the Website.

The essential characteristics of each digital product are described on the relevant product page.

Unless expressly stated otherwise, products purchased through the Website are provided in digital form and are not physical products.

The technical requirements necessary to access or use the digital content will be indicated where relevant.

3. Prices

All prices displayed on the Website are stated in euros.

The price applicable to an order is the price displayed on the Website at the time the customer places the order.

Any additional costs that may apply will be clearly indicated to the customer before the order is placed.

4. Ordering Process

The customer can select a digital product and add it to the shopping cart.

Before submitting an order, the customer has the opportunity to review and correct the information entered.

The customer submits a binding order by completing the ordering process and selecting the button that indicates the obligation to pay.

The customer will receive confirmation of the order by email or through the Website.

The presentation of products on the Website does not constitute a legally binding offer by Five Points Comics. The customer's order constitutes an offer to purchase the selected product.

The contract is concluded when Five Points Comics accepts the order or makes the purchased digital content available to the customer, whichever occurs first, unless otherwise required by applicable law.

5. Payment

Payment is made using the payment methods made available during checkout.

The payment methods currently offered may include:

  • credit and debit cards

  • Wix Payments

  • PayPal

  • Google Pay

  • Apple Pay

Payment may be processed by third-party payment providers.

Five Points Comics does not necessarily receive or store complete payment-card details where payment is processed directly by the relevant payment provider.

6. Delivery of Digital Content

Purchased digital content will be made available to the customer electronically.

Depending on the technical configuration of the Website, delivery may take place through:

  • an immediate download after successful payment;

  • a download link sent by email; or

  • access through a customer account.

The specific delivery method applicable to a product will be indicated during the purchase process or on the relevant product page.

If technical circumstances prevent the customer from accessing purchased digital content, the customer should contact Five Points Comics at info@fivepointscomics.com.

Five Points Comics will take reasonable steps to resolve technical problems affecting the delivery or accessibility of purchased digital content.

7. Licence and Permitted Use

Unless expressly stated otherwise, purchasing a digital comic book gives the customer a personal, non-exclusive and non-transferable right to access and use the purchased digital content for private purposes.

The customer may download and store the purchased digital content on devices under the customer's control for personal use, subject to any reasonable technical limitations applicable to the product.

The customer may not, unless permitted by applicable law or expressly authorised by Five Points Comics:

  • resell the digital content;

  • distribute the digital content to third parties;

  • make the digital content publicly available;

  • upload the digital content to file-sharing or other publicly accessible services;

  • commercially exploit the digital content;

  • reproduce or modify the digital content for commercial purposes; or

  • remove copyright notices or other rights-management information.

Nothing in these Terms limits rights that cannot legally be excluded or restricted.

8. Copyright and Intellectual Property

All comics, artwork, text, images, logos, designs, videos and other content made available through the Website are protected by applicable intellectual-property laws unless otherwise indicated.

The purchase of a digital comic does not transfer ownership of the copyright or other intellectual-property rights in the work to the customer.

Copyright and other intellectual-property rights remain with Five Points Comics, the relevant author, artist, publisher or other rights holder, as applicable.

9. Availability of the Website

Five Points Comics aims to keep the Website and purchased digital content available and functional.

Temporary interruptions may occur, including because of maintenance, technical problems, security incidents, third-party service failures or circumstances beyond Five Points Comics' reasonable control.

Nothing in this section limits the customer's statutory rights concerning digital content or other mandatory consumer rights.

10. Statutory Warranty and Digital Content

For consumers, statutory rights relating to defective or non-conforming digital content apply in accordance with applicable Austrian law, including the Verbrauchergewährleistungsgesetz (VGG).

Five Points Comics does not exclude or restrict mandatory statutory consumer rights.

If purchased digital content does not conform to the applicable legal requirements, the customer may have statutory remedies, including the right to have the digital content brought into conformity and, where the legal requirements are met, other remedies such as price reduction or termination of the contract.

The specific rights and remedies available depend on the circumstances and applicable law.

11. Right of Withdrawal / Cancellation

Consumers generally have a statutory right to withdraw from distance contracts within 14 days, subject to the exceptions provided by law.

Special rules apply to digital content that is not supplied on a physical data carrier.

Where the customer expressly agrees that delivery of the digital content should begin before the expiry of the withdrawal period and confirms that they are aware that they will lose their withdrawal right as a result, the statutory withdrawal right may cease once the legal requirements have been fulfilled.

Five Points Comics will provide the information and obtain the necessary confirmation in accordance with applicable Austrian consumer law.

The customer's statutory rights are not restricted by these Terms.

Further information concerning the withdrawal right and the procedure for exercising it is provided in our separate Cancellation and Withdrawal Policy.

12. Immediate Delivery of Digital Content

Where the customer requests immediate access to purchased digital content before the expiry of the statutory withdrawal period, the customer may be required during checkout to expressly:

  1. consent to Five Points Comics beginning performance before the withdrawal period has expired; and

  2. confirm that they are aware that they will lose their withdrawal right when the legal requirements for the exception are fulfilled.

The technical implementation of this process is subject to the applicable requirements of Austrian consumer law.

13. Customer Responsibility

The customer is responsible for ensuring that their device and software meet the technical requirements necessary to access the purchased digital content. The customer is also responsible for maintaining the security of any account credentials used to access the Website.

Customers must not attempt to circumvent technical measures designed to protect digital content or the Website.

14. Promotional and Free Content

Five Points Comics may occasionally make digital comics or other content available free of charge.

Unless otherwise stated, free content is provided for personal use under the same applicable intellectual-property restrictions described in these Terms. Five Points Comics may change or discontinue free content at any time, subject to any contractual obligations that have already arisen.

15. User Submissions

These Terms concerning purchases do not govern submissions of comics, artwork, writing or other material to Five Points Comics.

Submissions are governed by the information and rules provided on the Submissions page and, where applicable, by a separate agreement between Five Points Comics and the submitting creator. Submitting material to Five Points Comics does not automatically transfer copyright or other intellectual-property rights to Five Points Comics.

16. Liability

Five Points Comics is liable in accordance with applicable law.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.

In particular, these Terms do not exclude or limit mandatory consumer rights, liability for personal injury, or liability arising from intentional or otherwise legally non-excludable conduct.

17. Consumer Disputes

Consumers may have access to statutory consumer dispute-resolution mechanisms and complaint procedures.

18. Applicable Law

Austrian law applies to these Terms, subject to mandatory consumer-protection provisions that may apply in the country in which a consumer has their habitual residence.

Nothing in this choice of law deprives a consumer of protections that cannot be excluded under the mandatory laws applicable to them.

19. Amendments to These Terms

Five Points Comics may update these Terms where necessary, for example because of changes to the Website, products, services or applicable law.

The Terms applicable to a purchase are those displayed on the Website and made available to the customer at the time the contract is concluded, unless a different arrangement is required or permitted by law.

20. Severability

If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain unaffected to the extent permitted by law.

Any invalid provision will be replaced or interpreted in accordance with the applicable mandatory legal requirements.

21. Contact

For questions concerning these Terms, purchases or digital content, please contact:

Five Points Comics e.U.
Erndtgasse 8
1180 Vienna
Austria

Email: info@fivepointscomics.com

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